FIRST VOLUME
General Provisions

FIRST CHAPTER
Basic Principles, Definitions and Field Of Application

SECOND SECTION Field Of Application
In Respect of Time

In respect of Location

ARTICLE 8- (1) Turkish laws are applied for the offenses which are committed in Turkey. Where the act constituting an offense is partially or entirely committed in Turkey, or the result is obtained in Turkey, the offense is assumed to have been committed in Turkey.

(2) If the offense is committed ;

a) in the Turkish territory, or airspace and Turkish territorial waters,
b) in open seas and the space extending above these waters, and in/by the Turkish vessels and airplanes,
c) in/by Turkish war ships and aircrafts,
d) in the stationary platforms exclusively constructed in the territorial boundaries of Turkey or in industrial zones,
then this offense is assumed to have been committed in Turkey.

Conviction in a Foreign Country

ARTICLE 9-(1) A person who is convicted in a foreign country for an offense committed in Turkey is subject to retrial in Turkey.

Offences Committed During Performance of A Duty

ARTICLE 10- (1) A new trail can be filed in Turkey for a person who commits an offense in a foreign country while performing an official duty in the name of Turkey even if he is convicted in a foreign country due to execution of such act.

Offences Committed By the Citizens

ARTICLE 11- (1) If a Turkish citizen, excluding the offences listed in Article 13, commits an offence in a foreign country which requires punishment with a minimum limit of less than one year imprisonment according to the Turkish laws, and if the offender is found in Turkey, then he is punished according to the Turkish laws provided that he is not convicted in the said foreign country for the same offense and there is possibility to proceed a trial in Turkey.

(2) Where the offence requires a punishment with a minimum limit of less than one year imprisonment, the trial is filed only upon rise of complaint by the injured party or the foreign country. In such case, the complaint has to be brought within six months as of the date of entry of the citizen into Turkey.

Offences Committed By the Foreigners

ARTICLE 12-(1) If a foreigner, excluding the offences listed in Article 13, commits an offence in a foreign country causing injury to Turkey, which requires a punishment with a minimum limit of less than one year imprisonment, and if the offender is found in Turkey, then he is punished according to the Turkish laws. However, the trial is filed upon request of the Ministry of Justice.

(2) If the offence mentioned in the afore subsection is committed with the intension of causing injury to a Turkish citizen or a legal entity incorporated according to the Turkish laws and subject to special law, and if the offender is found in Turkey, then the perpetrator is punished according to the Turkish Laws upon complained of the injured party provided that that he is not convicted in the said foreign country for the same offense.

(3) If the aggrieved party is a foreigner, he is tried upon request of the Ministry of Justice in case of existence of the following conditions ;

a) Where the offence requires punishment with a minimum limit of less than three years imprisonment according to the Turkish Laws ;
b) Where there is no extradition agreement or the demand of extradition is rejected by the nation where the crime is committed or the person accused of a crime holds citizenship.

(4) A foreigner who is convicted of an offence in a foreign country within the scope of first subsection, or the action filed against him is extinguished or the punishment is abated, or the offence committed is not qualified for the prosecution, then a new trial can be filed in Turkey upon request of the Ministry of Justice.